Posting here for traffic as I need urgent advice please
I left my previous job over a month ago, I gave in my notice during August. As I worked in a school I timed the notice so I wouldn’t have to return in September, but I gave my correct notice and followed the correct procedures. I was still in my probation period so it was just 2 weeks notice expected.
I have now received an email from HR stating they have overpaid me my last month wage and want it back in full or they will take me to court because I haven’t worked my notice period therefore breached my contract.
1- I could not have physically worked my notice period as the school was closed for summer
2- I’m on a pro rata pay so a wage month is from the 10th-10th, I physically worked until the 22nd July when the school closed for summer. After that and before my last day of my notice period (1st) I was still technically employed and wouldn’t have been entitled to the pay up to the 10th August, is that correct? They did not pay me anything from the 10thAugust to my last day although I was still technically an employee and hadn’t handed in my notice at that point.
Im now very worried about it going to court because I’m in severe financial difficulty right now, to the point where I haven’t eaten all weekend so my children can. I can’t spare a months wage to give back to them. They won’t offer a small payment plan where I pay what I can afford each month either.
can anyone advise if they are correct or if I can challenge this due to not being able to work my notice period as they were closed? I will attempt citizens advice but I’m hoping someone here will have the knowledge to help. Thank you